Owner lessor of a housing classified G on the diagnosis of energy performance (DPE), you plan to undertake a large -scale renovation in order to hoist the note to E, at least. Indeed, the day your current tenants leave the apartment, you will no longer be able to rent it, the goods rated G being prohibited from rental since January 1. But how to carry out major work from energy renovation with tenants in place ? Is it possible to give them leave?
You ask yourself because the leave is strictly framed by law. Article 15 of the law of July 6, 1989, which governs the housing, provides Three patterns Main allowing the owner to give leave to the tenant. First, the resumption of housing, to live in him himself or to house a member of his family. Then, the sale of the property, on which the tenant benefits the passage of a right of pre -emption compared to other potential buyers. Finally, “A legitimate and serious reason»»like unpaid rents or neighborhood disorders. Does work constitute a legitimate and serious reason?
Real estate credit: the 4 regions where the best profiles still get rates under 3%
Over 100,000 euros in work
A judgment rendered by the Bordeaux Court of Appeal on January 6, and spotted by the law firm Adonis, provides an answer to this question. The owner of a building had sent a leave to a couple of tenants, for legitimate and serious reasons, namely the carrying out of major energy and acoustic renovation work throughout the residence, as well as in their accommodation. On the contrary believing that these works “do not justify their departure” because “They can be done in a short period of time”,, The tenants challenged this leave before the courts by asking for its cancellation.
Las! Like the Bordeaux judicial court before it, the court of appeal considered that the leave was perfectly justified. “It was not a punctual site that can take place in a few days, but an operation of long -term renovation (…) relating to all the apartments, requiring the deposit of all the sanitary facilities, including hot water production devices, all radiators, driving, moreover, important demolition work on all wall coverings, including plaster, earthenware, tiles and ceilings, with, then, plastering, sanding, rewriting and substantial paint work “Egrene the Court of Appeal, estimate of surveyors and other craftsmen in support. Which also assess the cost of work to more than 100,000 euros !
Rental real estate: “The credits reimbursed, my 2 studios will bring me 1,500 euros net per month”
Strict leave conditions
Work that “”do not in any case allow the maintenance of tenants in the premisesin particular with regard to dust, noise and risks for the safety they will generate, and (which) require the removal of all furniture ”believes the court of appeal. Which sentenced the tenant couple to pay 3,500 euros to its former owner, for call costs. For Adonis cabinet, “This decision confirms that the donors have a legal lever to resume their accommodation when they have to carry out heavy renovations”.
But beware, “This right is not absolute and it supposes Respect strict conditions»»nuance lawyers. On the one hand, “The reality and the importance of the work must be demonstrated”as here, by producing professionals of professionals. “A simple refreshment or occasional repairs are not enough”, insists the cabinet. On the other hand, the owner must give leave to the tenant “In legal forms”that’s to say at least 6 months Before the end of the lease, by registered letter with acknowledgment of receipt, an act of bailiff or handed over against the signing. Otherwise the leave can be contested in court by the tenant and canceled. Note that the lessor is not required to relocate the tenant during the works, according to a case law from the Montpellier Court of Appeal of October 29, 2019.
